Court No. - 65
Case :- APPLICATION U/S 482 No. - 33689 of 2019 Applicant :- Dr. Quamar Ahmad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sarvesh Kumar Counsel for Opposite Party :- G.A.,Ajay Sengar
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary-Affidavit has been filed by learned counsel for the applicant and the same is taken on record.
Heard Sri Sarvesh Kumar, learned counsel for the applicant, Sri Ajay Sengar, learned counsel for the O.P. No.2 and Sri G.P. Singh, learned A.G.A. for the State.
This Application under Section 482 Cr.P.C. has been filed with a prayer to set-aside the order dated 15.07.2019 passed by Additional Session Judge, Special Judge, P.O.C.S.O. Act, Court No. 1, Jalaun at Urai in S.T. No. 130 of 2017 arising out of Case Crime No. 329 of 2017 under Sections 363, 366, 376 I.P.C. and Section 3(2) 5 S.C./S.T. Act, Jalaun.
Learned counsel for the applicant has admitted the fact that after framing of charges, five witnesses have been recorded and thereafter he had moved an application for discharge numbered as No. 67 Kha which has been erroneously dismissed by the court below vide impugned order dated 15.07.2019.
Learned A.G.A. as well as learned counsel for the O.P. No.2 have opposed the quashing of impugned order and have apprised this Court that charges were framed on 14.12.2017.
In view of the above facts, there is no infirmity in the impugned order as the charge was framed long back and five witnesses have already been recorded, hence I do not find any ground to interfere in the present case in inherent jurisdiction of this court.
This Application under Section 482 Cr.P.C. is accordingly dismissed as not maintainable.
Order Date :- 30.9.2019 A. Mandhani